Crazy Cat

Living apart in different states because of your hobbies? Long distance relationship? Yes, I think you are headed for some big questions if you explain it like that. Why not just lay out your evidence as required by the I-751 instructions. Otherwise, you are going to draw unwanted attention and more questions. Why give USCIS a target??? (Example cover letter) Dear USCIS examiner: Enclosed please find a JOINT I-751 petition for removal of conditions of permanent resident status regarding my husband, (name of immigrant spouse), and his son, (name of immigrant child). Please also find a check for $[Insert Current USCIS Fee], the fee for this form. My husband entered the US on a K-1 visa and his son (name of immigrant child) followed on a K-2 visa. We are all happily married and request that this petition be accepted for removal of conditions on the residence of my husband (name of immigrant spouse and his son (name of immigrant child). Enclosed also please find the following documents to verify the status of our marriage and ongoing relationship: • Copies of the passports and green cards of (immigrant spouse) and (k-2 child). • Three sworn affidavits by U.S. citizen friends, attesting to our relationship and marriage. • Copy of the tax statement for 2007 and 2006, which we received for our checking account at FirstSavings Bank. • A partial copy of our 2007 joint US tax return. • Original of a recent statement from our stock broker at Merrydale Stockbrokers. • Letter from my company of the designation of my life insurance to (name of immigrant spouse). • Copies of various car insurance notices. • Copy of the title of our car, showing joint ownership. • Copy of our visa cards showing a joint account. • Copy of our health insurance cards showing a joint policy. • Copy of our Sam's Club cards on a joint account. • A copy of our airline reservations for a vacation that we have planned in September of 2008. You may feel free to inquire at any of the sources of enclosed documentation for validity of their statements, and you are always welcome to visit our home should you ever desire to do so. Please advise me if you have any further questions or problems related to this petition.

***Similar topics merged***

You are authorized to work. I doubt many employers would want to hire and pay you without a SSN.

Correct.

Did you ever claim to be a US citizen?

It really bothers me that USCIS is that unethical....but I honestly believe that is exactly what they are doing.

Agree 100%. There is a good chance to continue the case at NVC rather than going back through USCIS again...

This topic was somewhat fragmented due to the OP starting 3 different related threads which were eventually merged....I came in on the 3rd one (where only the word "removal" was mentioned.....LOL.

Actually, OP also wrote (in the last thread which was merged here) "Our lawyer said as the stamp in my passport is “removed in accordance” ..........She said the esta was cancelled and I was removed. " I agree that CBP is the record holder.😄 and I also know that 5 years have passed, anyway.

"the stamp in my passport is “removed in accordance”". that sounds like expedited removal.

Adjustment of Status is not available to them. You should file an I-130 for each of them to start consular processing. They can possibly visit during the process.

It actually jumps the queue at NVC. This is standard procedure for expedited cases.

I would follow the consulate's instructions and keep checking for an available interview slot. Many consulates require self-scheduling for expedited cases. *** I am moving this topic to the Africa: Sub Saharan regional forum where you are more likely to find an accurate answer***

Getting back to your original question, you were given good answers in the other threads. I think you need to get the deportation documents if you were removed.

***Another like topic merged into this thread*** Please keep the discussion in this thread***

I suspect you also had a 5 year ban. If still in effect, your Consulate Officer will inform you if a waiver is allowed.

Your attorney is wrong. Expedited removal is a summary deportation which skips a court hearing....there are numerous attorney websites which explain it. Ask that attorney for the definition of "removed". Explainer | Too Fast for Fairness: “Expedited Removal” and the Family Expedited Removal Management Program | National Immigrant Justice Center " Expedited removal is a form of processing created in 1996 that allows the U.S. government to quickly and summarily deport people arriving at the United States without ever presenting their case to an immigration judge. " “Expedited Removal” and Deportation Under U.S. Immigration Law (shouselaw.com) "Expedited removal is a form of “summary” deportation. It allows the Department of Homeland Security (“DHS”) to deport non-U.S. citizens immediately and without a formal hearing.Under U.S. immigration law," When Expedited Removal Allows Deportation Without a Hearing | Nolo "However, there are some circumstances under which the Department of Homeland Security (DHS) can deport a person who has no immigration status, without giving that person any opportunity to see an immigration judge. The process, referred to as "expedited removal," can happen within a matter of hours or days. By law and within the bounds of agency discretion, it applies to individuals encountered by immigration authorities under the circumstances described below."

An expedited removal is a deportation.

You can print out a copy of the completed N-400 after submission online.

I would answer "No" for both since there are no derivative cases for IR-5 visas.

***Moved to the Adjustment of Status from Work, Student, and Tourist Visas forum***

It usually is...until something happens.....Good luck with their immigration journey.

They would be granted authorized stay until the I-485 was approved or denied. "Authorized Stay" is not a legal status. It prevents unlawful presence during that time. They would be out of status, but authorized to stay in the US. Have you considered how they are going to have health care? Differences Between: Lawful Status, Period of Authorized Stay, & Unlawful Presence - Murthy Law Firm | U.S Immigration Law

I agree with @appleblossom. With form fees, medical exams, etc, it could cost $4000...for each of them. Filing an I-130 gives them no rights to stay in the US. If money is a factor, it might be better for them to return home and wait for the consular process.

You can't work in any way (including remotely) while inside the US until you have authorization. Infact, it is a violation of a B2 visa to do so. BTW, the guides here on VJ are pretty good>